A 7734: Increases the jurisdictional limit from $3,000 to $5,000 for justice courts; increases filing fees.

  
  STATE OF NEW YORK ________________________________________________________________________ 7734 2025-2026 Regular Sessions  IN ASSEMBLY April 8, 2025 ___________ Introduced by M. of A. P. CARROLL -- read once and referred to the Committee on Judiciary AN ACT to amend the uniform justice court act, in relation to civil jurisdictional limits and increasing filing fees The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivision a of section 201 of the uniform justice court 2 act, as amended by chapter 685 of the laws of 1977, is amended to read 3 as follows: 4 a. The court shall have jurisdiction as set forth in this article and 5 as elsewhere provided by law[, subject, in the case of a city court 6 governed by this act, to the limitations stated in § 2300 (b) (2) (i) of 7 this act]. The phrase "[$3000] $5000", whenever it appears herein, shall 8 be taken to mean "[$3000] $5000 exclusive of interest and costs"[, 9 except that, in the case of a city court governed by this act whose 10 monetary jurisdiction is, pursuant to § 2300 (b) (2) (i) of this act, 11 below $3000, it shall be taken to mean such lesser sum as is applicable 12 in the particular court, exclusive of interest and costs]. 13 § 2. Section 202 of the uniform justice court act, as amended by chap- 14 ter 685 of the laws of 1977, is amended to read as follows: 15 § 202. Money actions and actions to recover chattels. 16 Notwithstanding any other provision of law, the court shall have 17 jurisdiction of actions and proceedings for the recovery of money or 18 chattels where the amount sought to be recovered or the value of the 19 property does not exceed [$3000] $5000. 20 § 3. Section 1801 of the uniform justice court act, as amended by 21 chapter 485 of the laws of 2021, is amended to read as follows: 22 § 1801. Small claims defined. 23 The term "small claim" or "small claims" as used in this act shall 24 mean and include any cause of action for money only not in excess of 25 [three] five thousand dollars exclusive of interest and costs, provided EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD09498-01-5 
 A. 7734 2 1 that the defendant either resides, or has an office for the transaction 2 of business or a regular employment within the municipality where the 3 court is located, or where claimant is or was a tenant or lessee of real 4 property owned by the defendant and the claim relates to such tenancy or 5 lease, and such real property is situated within the municipality where 6 the court is located. However, where a judge of the county court, pursu- 7 ant to subdivision (g) of section three hundred twenty-five of the civil 8 practice law and rules, transfers a small claim from the town or village 9 court having jurisdiction over the matter to another town or village 10 court within the same county, the court to which it is transferred shall 11 have jurisdiction to determine the claim. 12 § 4. Subdivision (a) of section 1803 of the uniform justice court act, 13 as amended by chapter 485 of the laws of 2021, is amended to read as 14 follows: 15 (a) Small claims shall be commenced upon the payment by the claimant 16 of a filing fee of [ten] fifteen dollars for claims in the amount of one 17 thousand dollars or less and [fifteen] twenty dollars for claims in the 18 amount of more than one thousand dollars, without the service of a 19 summons and, except by special order of the court, without the service 20 of any pleading other than a statement of [his] the cause of action by 21 the claimant or someone [in his] on such claimant's behalf to the clerk, 22 who shall reduce the same to a concise, written form and record it in a 23 filing system maintained especially for such purpose. Such procedure 24 shall provide for the sending of notice of such claim by ordinary first 25 class mail and certified mail with return receipt requested to the party 26 complained against (1) at [his] their residence, if [he] such party 27 resides within the county and [his] their residence is known to the 28 claimant, (2) at [his] such party's office or place of regular employ- 29 ment within the municipality if [he] such party does not reside within 30 the county or [his] their residence within the county is not known to 31 the claimant, or (3) where claimant is or was a tenant or lessee of real 32 property owned by the defendant and the claim relates to such tenancy or 33 lease and the notice of claim cannot be sent under paragraph one or two 34 of this subdivision, at any place in the county or an adjoining county 35 where claimant may mail or otherwise deliver rent. If, after the expira- 36 tion of twenty-one days, such ordinary first class mailing has not been 37 returned as undeliverable, the party complained against shall be 38 presumed to have received notice of such claim. Such notice shall 39 include a clear description of the procedure for filing a counterclaim, 40 pursuant to subdivision (c) of this section. 41 Such procedure shall further provide for an early hearing upon and 42 determination of such claim. No filing fee, however, shall be demanded 43 or received on small claims of employees who shall comply with section 44 nineteen hundred twelve of this act which is hereby made applicable, 45 except that necessary mailing costs shall be paid. 46 § 5. This act shall take effect on the first of January next succeed- 47 ing the date on which it shall have become a law and shall apply to 48 actions or proceedings filed on or after such date.